[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5765 Introduced in House (IH)]

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107th CONGRESS
  2d Session
                                H. R. 5765

To promote global efforts to protect biological diversity by protecting 
 the Tongass Rain Forest in the Tongass National Forest, to designate 
the Duke Island Trumpeter Swan Wilderness Area, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 22, 2002

  Mr. Israel introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To promote global efforts to protect biological diversity by protecting 
 the Tongass Rain Forest in the Tongass National Forest, to designate 
the Duke Island Trumpeter Swan Wilderness Area, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Tongass Rain 
Forest Protection Act''.
    (b) Findings.--Congress finds the following:
            (1) Rain forests constitute a unique reserve of biological 
        resources.
            (2) Biological diversity depends on protecting the habitats 
        of animal and plant species in rain forests around the world.
            (3) United States leadership in urging other countries to 
        protect tropical rain forests is undermined by Federal 
        Government policies that subsidize the destruction of publicly 
        owned pristine temperate rain forests in the United States.
            (4) The Tongass National Forest in Alaska is the largest 
        temperate rain forest in the United States.
            (5) The protection of pristine and old-growth forests in 
        the Tongass National Forest will help conserve biological 
        diversity and enhance the credibility of United States' efforts 
        to conserve biological diversity globally.
            (6) Islands constitute unique ecosystems with special 
        biological resources and should be afforded special 
        protections.

SEC. 2. DEFINITIONS.

     In this Act:
            (1) Roadless area.--The term ``roadless area'' means--
                    (A) an area identified in the set of inventoried 
                roadless area maps contained in the document entitled 
                ``Forest Service Roadless Area Conservation, Final 
                Environmental Impact Statement, Volume 2'' and dated 
                November 2000, which is on file at the national 
                headquarters office of the Forest Service, or any 
                subsequent update or revision of such maps; or
                    (B) an area of more than 1,000 contiguous acres 
                that does not contain a road.
            (2) Inholding.--The term ``inholding'' means any land that 
        is not in Federal ownership in the Tongass National Forest, but 
        that is surrounded by land in Federal ownership in the Tongass 
        National Forest.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 3. TONGASS RAINFOREST NATURE PRESERVE.

    (a) Designation.--All roadless areas in the Tongass National 
Forest, Alaska, including Duke Island, are designated as the Tongass 
Rainforest Nature Preserve.
    (b) Protection.--Within the Tongass Rainforest Nature Preserve, 
native animal and plant species, including grizzly bears, brown bears, 
sea lions, seals, trumpeter swans, wolves, wolverines, sea otters, 
river otters, beavers, moose, Queen Charlotte goshawks, Peale's 
Peregrine Falcons, snowy owls, and bald eagles, shall be protected in 
perpetuity in their natural and wild state. No activity that disturbs 
native animal and plant species or their habitats shall be allowed in 
the Tongass Rainforest Nature Preserve.
    (c) Prohibited Activities.--Activities that are prohibited under 
this section include the following:
            (1) Construction of roads.
            (2) Mining or extraction of minerals.
            (3) Construction of any structure.
            (4) Use of any mechanized vehicle or equipment.
            (5) Logging or cutting of trees.

SEC. 4. DUKE ISLAND TRUMPETER SWAN WILDERNESS AREA.

    (a) Findings.--Congress finds the following:
            (1) Duke Island, Alaska, provides habitat for Sitka black 
        tailed deer, Peale's Peregrine falcon, Queen Charlotte goshawk, 
        black bear, trumpeter swan, and the stellar sea lion.
            (2) Duke Island contains special natural and scenic 
        qualities that should be preserved in perpetuity.
    (b) Designation of Wilderness Area.--In accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), all of Duke Island and the 
Duke Inventoried Roadless Area, comprising approximately 46,100 acres, 
are designated as wilderness and, therefore, as a component of the 
National Wilderness Preservation System, which shall be known as the 
``Duke Island Trumpeter Swan Wilderness Area.''.

SEC. 5. ACQUISITION OF INHOLDINGS.

    (a) In General.--The Secretary may acquire, by gift, bequest, or 
purchase from willing sellers, inholdings in the Tongass National 
Forest.
    (b) Use of Eminent Domain.--In the case of an inholding in the 
Tongass National Forest that the Secretary finds is of exceptional 
importance for biological or scenic reasons, the Secretary may acquire 
such inholding through eminent domain. The owner of the inholding so 
acquired shall receive compensation equal to the full fair market value 
of the inholding.
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